Probate Code
Each state’s laws enumerate certain duties and limitations for guardians and conservators. These laws tend to be lengthy and detailed. For a comprehensive understanding of them, including relevant exceptions and requirements, the statutes themselves should be reviewed. Additionally, state laws must be read in conjunction with the order of appointment of a guardian or conservator by the judge which may further limit the guardian’s powers and responsibilities.
Subject to court limitation, the powers and duties of a guardian of person include establishing or changing the residence of the protected person; the care, custody and control of the person of the protected person; performance of the duties necessary for the proper care, maintenance, education and support of the protected person, including, without limitation;
- Ensuring the provision of food, clothing, shelter, incidental necessaries, any medical care:
- Taking reasonable care of any clothing, furniture, vehicles and other personal effects and commencing a proceeding if any other property of the protected person is in need of protection;
- Authorizing medical, surgical, dental, psychiatric, psychological, hygienic or other remedial care and treatment for the protected person;
- Ensuring that the protected person is properly trained and educated and has the opportunity to learn a trade, occupation or profession.
A guardian of the estate shall:
- Protect, preserve, manage and dispose of the estate of the protected person according to law and for the best interests of the protected person;
- Expend the assets of the estate for the proper care, maintenance, education and support of the protected person and his or her dependents;
- Have such other authority and perform such other duties as are provided by law.